Insights, Resources and Developments

Preemption States

A state law that prohibits local government entities from legislating on a particular topic(s) is known as a preemption law. The state “preempts” a local entity’s ability to legislate on that topic because the state believes that the topic is something that should be dealt with on a state-wide basis rather than locally.

Some states have passed preemption laws prohibiting local government entities from enacting an ordinance requiring employers within its borders to provide sick leave. As you would expect, this aspect of paid sick leave is dynamic as well. In some states, there are court challenges to the state’s ability to enact such a law. In others, bills have been introduced to overturn the preemption law. It is also quite possible, perhaps likely, that more states will enact such laws.

Here is a list of the states with preemption laws concerning leave benefits as of December 21, 2016. If you click on the state, it will take you to the legislative source document. When dealing with PSL issues, make sure to check the jurisdiction for the latest and most complete resource material and developments.